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HomeMy WebLinkAboutC-3506 - Design/Build of Zone V Back-up Generator0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC February 11, 2004 Rich Construction P.O. Box 740 Bonsall, CA 92003 Subject: Zone V Emergency Generator Project (C -3506) To Whom It May Concern: On February 11, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on April 14, 2003. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08490856. Enclosed is the Faithful Performance Bond. Sincerely, yf J&� �1, 94&7- LaVorme M. Harkless, CIVIC City Clerk cc: Public Works Department Michael J. Sinacori, Project Manager enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • BOND IS ISSUED IN FOUR (4) COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ZONE V EMERGENCY GENERATOR CONTRACT NO. 3506 BOND NO. 08490856 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 921.00 being at the rate of $10.00 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Rich Construction, Inc., hereinafter designated as the "PrincipaP, a contract for construction of ZONE V EMERGENCY GENERATOR, CONTRACT NO. 3506 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute CONTRACT NO. 3506 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Fidelity And Deposit Company Of Mnry1 and , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of ninety two thousand eighty four dollars and 18/100 Dollars ($92,084.18) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 11 iI 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and I does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 9th day of April , 2002. FQ% Construction, nc (Principal) - 2JICAArct L _ � ✓f rdt n9 Fidelity & Deposit Co. of Maryland Name of Surety 225 S. Lake Ave. #700 Pasadena. CA 91101 Address of Surety (626)792 -2311 ext. 230 Telephone Authorized Signature/Title Authorized Agent Signs Shannon Lopez, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 12 CALIFORNIA ALL PURPOS16--KNOWLEDGMENT • State of California County of San Bernardino On April 9, 2002 before me Kathleen Ryan, Notary Public Personally appeared Shannon Lopez --------------------------------------- - - - - -- [X] personally known to me - OR l . ...A to R eii the 1.....is e f s tis f etef-y e AA,.....e to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of KATHLEEN YAN which the person acted, executed the instrument. R COMM. #1191315 fl C: NOTARY PUBLIC - CALIFORNIA A U SAN BERNARDINO COUNTY Ln My Comm. Exp. July 26,2a02 WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Title(s) EXI ATTORNEY-IN-FACT .. .. SIGNER IS REPRESENTING: DESCRIPTION OF ATTACHED DOCUMENT Performance Bond Title or Type of Document 2 Number of Pages April 9. 2002 Date of Document Fidelity & Deposit Co. of Maryland Rich Contruction. Inc. Signer(s) other than Named Above CALIFORNIA ALL- PURPO• ACKNOWLEDGMENT • State of California County of San On 04 w. oY before me, Heather L. Sieverding, Notary Public Cate Name and Thle of Officer (e.g., 'Jane Doe, Notary Public ") personally appeared Richard SieverdinQ Names) of Signer(s) R personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the HEATHER SIEVERDING within instrument and acknowledged to me that he /she /they Commission 01318805 executed the same in his /her /their authorized capacity(ies), Notary Public- California and that by his /her /their signature(s) on the instrument the Riverside County person(s), or the entity upon behalf of which the person(s) My Corm E piesAug23,2005 acted, executed the instrument. WITNESS my hand and official seal. mil, L11� �,[.V'+DJi�A/1l Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual Cl Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee • Guardian or Conservator • Other. Top of thumb here Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual • Corporate Officer Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTRIGHT SIGNERRIM OF SIGNER 0 1996 National Notary Association • 8236 Remmet Ave., P.O. Box 7186 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -800 -876 -682] 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC April 14, 2003 Rich Construction, Inc. P.O. Box 740 Bonsall, CA 92003 Subject: Zone V Emergency Generator Project (C -3506) To Whom It May Concern: On February 11, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on March 10, 2003, Reference No. 2003000259687. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 08490856. Enclosed is the Labor & Materials Payment Bond. Sincerely, 1 J , LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Michael J. Sinacori, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us BOND IS ISSUED IN FOUR (4) COUNTERPARTS Premium: Included CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ZONE V EMERGENCY GENERATOR CONTRACT NO. 3506 BOND NO. 08490856 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Rich Construction, Inc., hereinafter designated as the 'Principal,' a contract for construction of ZONE V EMERGENCY GENERATOR, CONTRACT NO. 3506 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute CONTRACT NO. 3506 and the terns thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Prindpal, and, Fidelity and Deposit Company of Maryland duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as 'Surety') are held firmly bound unto the City of Newport Beach, in the sum of ninety two thousand eighty four dollars and 18/100 Dollars ($92,084.18) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terns of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, finely by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 0 0 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 st seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and It does hereby waive notice of any such change, extension of time, afterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 9th day of April , 2002 Ri ' Construction, Inc. (P 'nap V P4. rd, I Fidelity 5 Deposit Co. of Maryland Name of Surety 225 S. Lake Ave. #700 Pasadena, CA 91101 Address of Surety (626)792 -2311 ext. 230 Telephone 40rQS;dcAtt — Author ¢ ed Signature(Titie Auftrized Agent Signatur jj Shannon Lopez, Attornev -T -n -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 10 CALIFORNIA ALL PURPOSI•--KNOWLEDGMENT • State of California County of San Bernardino On April 9, 2002 before me Kathleen Ryan, Notary Public Personally appeared Shannon Lopez --------------------------------------- - - - - -- [X] personally known to me - to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. KATHLEEN RYAN a COMM. 11191315 Y NOTARY PUBLIC-CALIFORNIA A U SAN BERNARDINO COUNTY 'A My Comm. EXP. July 26, 2002 d WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER Title(s) •' _ ._. .. SIGNER IS REPRESENTING: Fidelity & Deposit Co. of Maryland DESCRIPTION OF ATTACHED DOCUMENT Payment Bond Title or Type of Document 2 Number of Pages ARril 9.2002 Date of Document Rich Contruction. Inc. Signer(s) other than Named Above 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Shannon LOPEZ, of Redlands, California, its true and lawful age t and Attomey -in -Fact, to make, execute, sea] and deliver, for, and on its behalf as surety, and as its act an *: any anbonds and undertakings and the execution of such bonds or undertakings in pursuance of these )T c' all bes upon said Company, as fully and amply, to all intents and purposes, as if they had been duly a and ac edged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own personslC The said Assistant Secretary does hereby certify th Section 2, of the By -Laws of said Company, and is IN WITNESS WHEREOF, the said s Vice- r ent affixed the Corporate Seal of the said FID AND A.D. 2001. n ATTEST: 'pC DEYOg�i 0 0 S „gym State of Maryland County of Baltimore ss: v 00 E. Smith the reverse side hereof is a true copy of Article VI, int Secretary have hereunto subscribed their names and COMPANY OF MARYLAND, this 2nd day of October, FIDELITY AND DEPOSIT COMPANY OF MARYLAND L By: QL.�j Assistant Secretary M P. Hammond Vice President On this 2nd day of October, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. G POA -F 012 -7656A Carol J. Fader Notary Public My Commission Expires: August 1, 2004 0 0 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 9th day of April 2002 0 OU, v ' 1r, Assistant Secretary CALIFORNIA ALL- PURPOPy ACKNOWLEDGMENT • State of California County of San On 4- !D av before me, Heather L. Sieverding, Notary Public Date Name and The of Officer (e.g., "Jane Doe, Notary Public') personally appeared Richard Sieverding � Names) of Signer(s) 8'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the HEATHERSIEVERDING within instrument and acknowledged to me that he /she /they Aem Comm4eton #1315505 z executed the same in his /her /their authorized capacity(ies), 61 IUMU NoteryPublle - Cdifamie and that by his /her /their signature(s) on the instrument the RiveretdeCaui* person(s), or the entity upon behalf of which the person(s) My Cmm. 6qf ine Au0 23.2005 acted, executed the instrument. WITNESS my hand and official seal. 77A&& Signature o Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual 0 i Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGlHB Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Im Ttle(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1996 National Notary Association • 8236 Remmet Ave., P.O. BOX 7184 • Canoga Park, CA 91309 -7184 Fred. No 5907 Reorder: Call Toll -Free 1- 800 -876 -6827 • 9 Av RECORDING REQUESTED BY AND Recorded in Official Records, county of Orange WHEN RECORDED RETURN TO: Tom Daly, clerk- Recorder City Clerk IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi 1IIIIIIIIIIII1I !IIIII1IIIIIIIIINO FEE 2003000259687 01'43 pm 03/10103 Cit�r of Newport Beach 117 so N12 1 p 3300 Newport Boulevard Newport Bach, CA 92663 0.00 0.00 0.00 0.00 0.00 0.00 o.00 0.00 "Exempt from recordin ees pursuant to Government COdeVectlon 6103" NOTICE OF COMPLETION N� NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Rich Construction, as Contractor, entered into a Contract on February 12 2002. Said Contract set forth certain improvements, as follows: Zone V Emergency Backup Generator (C -3506) Work on said Contract was completed on December 31, 2002, and was found to be acceptable on February 11. 2003, by the City Council. Title to said property is vested in the Over, artd ~the Surety for said Contract is Fidelity and Deposit Company of Maryland. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r Executed on t��n.l4,� �� G0.3 at Newport Beach, California. BYC %Dn ��J • /Ul[��� City Clerk 3 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC February 12, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Dover Drive Zone II Water Main Replacement and Street Rehabilitation from Cliff Drive to West Coat Highway Project (C- 3394); and Notice of Completion for the Balboa Peninsula Streetlight Modifications Project (C- 3416); and Notice of Completion for the Zone V Emergency Backup Generator Project (C -3506) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, 6 r >-�). LaVonne M. Harkless, CMC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us I • • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 • "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Rich Construction, as Contractor, entered into a Contract on February 12, 2002. Said Contract set forth certain improvements, as follows: Zone V Emerqency Backup Generator (C -3506 Work on said Contract was completed on December 31. 2002, and was found to be acceptable on February 11, 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 1 ��`1ZCQ n �� ��D� at Newport Beach, California. BY°rl City Clerk • • cm) C 35C)Lo CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 February 11, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Michael J. Sinacori, P.E. 949 -644 -3311 msinacoir@city.newport-beach.ca.us SUBJECT: ZONE V EMERGENCY BACKUP GENERATOR, CONTRACT NO. 3506 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On February 12, 2002, the City Council authorized the award of a design /build contract for the Emergency Backup Generator at the Zone V Water Pump Station to Rich Construction. The station serves the higher elevations of Newport in the Spyglass Hill area and had no automatic backup power supply in case of outages. When an outage occurred, Utilities Staff were deployed with a backup water pump driven to the site and activated. This deployment took up to an hour, during which time the residents had no water for potable use or fire suppression. The installation of the new emergency backup generator now automatically engages if a power outage occurs and no loss in water or fire supply is realized. The project included installation of a 100 Kilowatt emergency generator and automatic transfer switch, electrical conduit and wiring, concrete pad, and decorative block wall stuccoed to match the existing facility. The contract has now been completed to the satisfaction of the Public Works and Utilities Departments. A summary of the contract cost is as follows: SUBJECT: ZONE V EMERGENC KUP GENERATOR, CONTRACT NO. 3506 —C ETION AND ACCEPTANCE February 11, 2003 Page 2 Original bid amount: Total amount of change orders: Final contract cost: $92,084.18 2,467.00 $94,551.18 The final overall construction cost including change orders was 2.68 percent over the original design /build cost provided by the contractor and approved by City Council. One change order in the amount of $2,467.00 was required by the Gas Company to create a meter pad adjacent to the generator location. Funds for the project were expended from the following account: Description Account No. Amount Zone V Emergency Generator 7503- C5500531 $94,551.18 Environmental Review: This project was determined to be exempt from California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the construction of this project was authorized by the City Council. This exemption covers the replacement or modifications of existing utility facilities with negligible or no expansion of capacity. Prepared by: _1 Michael J. Sinacori, P.E. Construction Engineer Submitted mi G. Badum Works Director CITY OF NEWPORT BEACH DESIGN BUILD PROJECT ZONE V EMERGENCY GENERATOR Title of Project E i Contract No. 3506 $100.000 Engineer's Estimate \QJORr/ by Stephen G. Badum Public Works Director General "A" Contractor License required for this project For further information, call Mike Sinacori at (949) 644 -3342 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ZONE V EMERGENCY GENERATOR CONTRACT NO. 3506 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ZONE V EMERGENCY GENERATOR CONTRACT NO. 3506 CONTRACT THIS AGREEMENT, entered into this Jtay of *, 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Rich Construction, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, On February 12, 2002, the City Council of the City of Newport Beach has approved the negotiated design -build cost for the following described public work: ZONE V EMERGENCY GENERATOR Project Description: Installation of an emergency backup generator at the City's Zone V water pumping station. Contract No. 3506 NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond and Contractor's Cost Proposal for CONTRACT NO, 3506, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of ninety two thousand and eighty four dollars and eighteen /100 ($92,084.18). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Michael J. Sinacori, P.E. (949) 644 -3342 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Rich Construction, Inc. P.O. Box 740 Bonsall, CA 92003 Attention: Bart Reid (909) 698 -0969 Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projectflocation or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 0 9 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 0 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY CLERK APPR AS TO FORM: CITY A RNEY CITY OF NEWPORT BEACH A Municipal Corporation By,- eK - Mayor CONTRACTOR By' uth rized Signat d ' itle ACORD CERTIFICAf PRODUCER Strachota Insurance Agency Inc California License #0249673 ,43500 Ridge Park Drive #203 Temecula CA 92590 Phone:909- 676 -2229 Fax:909- 676 Rich Construction, Inc. PO Box 740 Bonsall CA 92003 COVERAGES OF LIABILITY INSURANCE_, OP ID M DATE(MWDDlYY) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RECEIV 391 TE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH Public Works Depa City of Newp ort B)RER INSURER IN SURER INSURER O: INSURER E: R. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Markel Insurance CO /Evanston Constitution Ins. Company State Fund THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IN SR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWDDIVY P LICY EXPIRATION DATE MMI D/YY LIMITS AUTHORIZED E RESE E GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY 01GLP1005425 05/17/01 08 /01/02 FIRE DAMAGE (Anyone fire) $50000 CLAIMS MADE J OCCUR MED EXP(Anyone person) $ 5000 PERSONAL S ADV INJURY $ 1000000 X Hired /NO Automobi GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP ADD $1000000 POLICY PRO LOC ECT A AUTOMOBILE LIABILITY ANY AUTO 01GLP1005425 05/17/01 OB /O1 /D2 COMBINED SINGLE LIMIT (Ea accident) $1000000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X BODILY INJURY (Per amdenQ S HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC 5 ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ 300DOOD $ X OCCUR ❑ CLAIMS MADE CXL30901 01/31/02 08/01/02 AGGREGATE s3000000 5 $ DEDUCTIBLE S RETENTION S C WORKERS COMPENSATION AND EMPLOYERS' LLABILMY 22923187 01/01/02 01/01/03 X .TORY LIMBS ER E.L. EACH ACCIDENT $ 1000000 E.L. DISEASE - EA EMPLOYEE $1000000 E.L. OLSEASE -POLICY LIMIT S 1000000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECUAL PROVISIONS Certificate holder named as additional insured regarding general liability per attached endorsment CG20101185 with primary as required by contract. Waiver of subrogation to be issued by Company. RE:Zone V Back -up Generator, Contract No. 3506. "'10 days for nonpayment. CERTIFICATE HOLDER I Y I ADDITIONAL INSURED: INSURER LETTER: A CANCELLATION CTYNEWP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30* DAYS WRITTEN City of Newport Beach Attn:Public Works Dept NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Shauna Lyn Oyler /Admin Asst 3300 Newport Blvd AUTHORIZED E RESE E Newport Beach CA 92663 ACUKU Zb-b ((IV I) \ I ( \ (DACORD CORPORATION 19135 Date: 4/22/2002 03:36 PM POLICY NU M BER:01 G LP1005425 Sender's Fax ID: Insurance Page 2 of 2 L I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) (CG 20 10 11 86) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: City of Newport Beach Public Works Department It Officers, Officials, employees And volunteers 3300 Newport Blvd Newport Beach CA 92663 SCHEDULE Zone V Back -up Generator, Contract No.3506 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Primary Insurance Wording It is agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured(s) shown shall be primary insurance, and any other insurance maintained by the Additional Insured(s) shall be excess and non - contributory, but only with respect to liability arising out of "your work" for that insured by or for you. APR -22 -2002 MON 04:28 PM CAL SURANCEi FAX NO, ntAPr_i /• zuuzm i:;uvMrn�NUDI)c worxs 949.644- 3319txm1, CERTIFICATE OF MURANCB �, \ CHECKiI5T CITY OF NEWPORT BEACH 7149391654 I'vi O4 No-1012 :IC Y:1�w1 w Y•..1'' fl CN �" -• 1' CI.,I:, 1 :U 'I Y Y; 01 P- 5. ul DATARs T bZ rwA8TA1fITP /C�yw_TAcrsaow=BROM:� 1c DATEOO�LB�O: �t5 •Q M NTTO: c%WAA& OW BY: kA; /y M? 1414 '1 COIeANY/PE LSON R$Q(iiAW TO SAVE OERTUmATE2 —t ti n rw . �Yr1�i a ✓� a L L GENVALLiA9, M- s ( / ' A DMUA=C43dFANY: wB. AUXWRATW(AVIlarps� C. AD)QITRSD CCWANY: (Mug be din mill (Y N D. L 04re be t1,o0,00D or Vesta) Wait ft mcviddl u L RODWM ANC CM4XZ= OYBRATxMz osoi as W b t ? to F. AMi WXALb1K== WORbrM TO DKXXWS (The Cityis affi=06 mg=^ affiddg, mplDyW ad vob dvm)bitsdbaied? Yeah[, Np_ cc FRUA&Y AM NON CON=TCRY WORDM (K* be imploded) b It iea]aded? 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(To b b&3 is a ateiudre Ytv.- No. HAVE ALL ABOVE REQUIRFMi3 M BEEN MET? Yes No-,?�— IF NO, WHICH ITEMS NEED TO BE COMME=9 0 FEB i 2 2002 TO: Mayor and Members of the City Council FROM: Public Works Department February 12, 2002 CITY COUNCIL AGENDA ITEM NO. 9 SUBJECT: ZONE V BACKUP GENERATOR - AWARD OF CONTRACT NO. 3506 RECOMMENDATIONS: 1. Approve the design build approach for completion of this project. 2. Award Contract No. 3506 to Rich Construction for the Total Design /Build Price of $92,084.18, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $9,200 to cover the cost of unforeseen work. DISCUSSION: The City Council approved the installation of an emergency backup generator at the Zone V Water Pumping Station in this year's Capital Improvement Program. The station serves the higher elevations of Newport in the Spyglass Hill area and has no automatic backup supply in case of power outages. When an outage occurs, Utilities Staff are deployed with a backup water pump driven to the site and activated. This deployment can take up to an hour during which time the residents have no water for potable use or fire suppression. The installation of a new emergency backup generator would automatically engage if a power outage occurs, no loss in water or fire supply would be realized. The project includes installation of a 100 Kilowatt emergency generator and automatic transfer switch, electrical conduit and wiring, concrete pad, and decorative block wall stuccoed to match the existing facility. DESIGN /BUILD CONCEPT The normal process for constructing public works contracts is to develop plans and specifications, advertise for bids, and award the contract to the lowest responsible bidder. The development of the plans and specifications for this project are estimated to cost $15,000 and would take approximately 3 to 4 months to develop. The bidding process adds another 2 months to the process and would cost approximately $3,000 in administration costs. Staff estimates a bid price if the project went to formal bid would (3s> Subject: Zone V Backup Ge�tor — Award of Contract No. 3506 February 12, 2002 Page: 2 be $80,000 to $90,000 range with the total project cost range from $100,000 to $110,000. Rich Construction is a current City contractor upgrading the Zone III and IV pumping station at Big Canyon, which includes a backup emergency generator for Zone III. Rich Construction was contacted about the Zone V project and asked to provide their expertise to the design process. During the discussions it became apparent that a design build approach might save the City time and money when completing the Zone V project. Rich Construction is already mobilized at the Big Canyon site and has been a good contractor to work with. They are a general and electrical contractor, which allows generator installation. Staff negotiated a quote from Rich Construction to complete the installation of the emergency generator, which includes providing a design plan. The City's consulting electrical engineer, Mark Balan, reviewed the $92,084 quote the City received. He felt the quote was fair and saves the cost and time of the formal design approach. The major cost component of $53,289 is for the generator, automatic power transfer switch and electrical controls. With the assumption that Southern California Edison may have more power outages this upcoming summer, Staff would recommend approval of the design /build approach and award of contract to Rich Construction. Project funds are available in the Zone V Emergency Generator Capital Improvement Account No. 7503- C5500531. The installation will take four months to complete and will be fully operational before the summertime peak water demands. Respectfully sued; PUBLIC,WORKS DEPARTMENT Stephen G. Badum, Director i By: Mic ael J. Sinacori, P.E. Utilities Engineer Attachment: Project Location Map